SARA Title III Program
Section 311 - Material Safety Data Sheet Submission, &
Section 312 - Emergency and Hazardous Chemical Inventory Reporting

What's New? | Section 311-MSDS | Section 312-Tier II

WHATS NEW?

Virginia is a participant in the new Tier II Reporting Program (Tier2Submit).Virginia follows all federal reporting guidelines and uses federal reporting forms for the collection of EPCRA data. Under the federal requirements, facilities must submit Tier II information by March 1 for the activities occurring in the preceding year.

Federal EPCRA Program, Compliance, Guidance, and Chemical Information
http://www.epa.gov/emergencies/content/epcra/index.htm

 The Tier II report should be submitted by the facility to the Virginia Emergency Response Council (VERC) c/o Virginia DEQ to the e-mail address nichelle.mcdaniel@deq.virginia.gov or mail a CD containing a t2s or a zip file, and then do one of the two options listed below:

1. Mail us an original signed printed copy of a Tier II report from the Tier2Submit or other reporting software.
2. Incorporate the content of this Virginia-specific sample certification letter (sample certification letter) in your facility's business cover letter, sign and mail it to us.

A facility's Tier II Report submittal will be deemed complete when this office receives both the electronic submittals and the original signed certification letter.

Section 311 - Material Safety Data Sheet (MSDS)

Who Should Report?

A facility that stores, uses, or produces chemicals requiring a Material Safety Data Sheets (MSDSs) under the required by U.S. Occupational Safety and Health Administration (OSHA) hazard communication standard must have copies of the MSDS of all chemicals; or a single list of those chemicals requiring reporting, grouped by hazard category provided to the Virginia Emergency Response Council (VERC), and to the Local Emergency Planning Committee (LEPC) and to the local fire department with jurisdiction over the facility.

Virginia Emergency Response Council prefers one list of all reportable chemicals, grouped by the hazard category.

Which Hazardous Chemicals should be reported?

Hazardous Chemicals subject to reporting:

• Extremely Hazardous Substances - A list of over 360 substances identified by the U.S. EPA.

List of Extremely Hazardous Substances

• Hazardous Chemicals - Any chemical considered a physical or health hazard under OSHA's Hazard Communication Standard.
• Petroleum Products (certain exemptions)
  

U.S. EPA provides regulatory relief for retail gas stations in Sections 311 and 312 reporting. The regulatory relief exempts retail gas stations from reporting if the tanks hold less than 75,000 gallons of gasoline or 100,000 gallons of diesel fuel if the facility is in full compliance with the underground storage tank requirements.
http://www.epa.gov/osweroe1/content/epcra/epcra_storage.htm#facilities

Hazardous chemicals exempt from reporting:
1. EPCRA-specific exemptions:

a) The FDA exemption
b) Solids in manufactured items
c) Consumer products
d) Laboratory chemicals
e) Agricultural chemicals
f) Retail gas stations in compliance with underground storage tank (UST) regulations storing gasoline and diesel fuel entirely underground

2. The OSHA exemptions:

a) Hazardous wastes regulated by RCRA.
b) Tobacco or tobacco products.
c) Wood or wood products.
d) Manufactured items.
e) Foods, drugs, cosmetics or alcoholic beverage in a retail establishment which are packaged for sale to public.
f) Foods, drugs, cosmetics intended for personal consumption by employees while in the workplace.
g) Consumer products when used in the workplace.
h) Any drugs in solid, final form for direct administration to the patient.

3. No exposure hazardous chemicals

4. Transportation exemption

Section 311 Reportable Threshold:

If at any time during the year the amount of chemical you have at your facility meets or exceeds the following threshold amounts, the chemical may be reportable:

• EHS - greater than or equal to 500 lbs. or the individual chemical's threshold planning quantity (TPQ) - whichever is less, at any one time.
• For most MSDS hazardous chemicals - greater than or equal to 10,000 lbs. at any one time.
• De minimis concentration: 1% by weight for hazardous chemicals and 0.1% for EHS carcinogen.
• A facility must report within 3 mos. after the facility first handles a hazardous chemical required to have a MSDS by OSHA.

Section 312 - Virginia Tier II reporting requirements

EPA and the Virginia Emergency Response Council encourages the use of the new Tier II reporting system and form.

1. Virginia EPCRA Section 312 - Tier II reporting program requires the use of federal Tier II form or electronic reporting system; does not assess a fee for report submittal; has the same requirements as the federal regulations; and accepts the electronic form or the hard copy Tier II reports

2. All electronic (CD or e-mail) Tier II report submittals to Virginia (VERC and LEPC) must be accompanied by a signed copy of a (facility-specific) cover letter with appropriate Tier II certification language, signature and date; The cover letter should include facility name, its physical address, and the names of all chemicals reported. Any CD or e-mail reporting received without a signed certification statement shall be deemed an incomplete submittal and non-compliant.

For e-mail submittal, please indicate in the e-mail the date of the mail-out and, if applicable, the certified/registered/express mail number of the signed certification. Upon receipt of the signed certification, the electronic submittal will be considered complete (see Virginia sample certification letter)

The recorded date for the electronic submittals is based on the certification date and the recorded date of receipt of the electronic submittals is based on the date the signed certification is received.

3. Virginia SARA Title III program office is no longer sending Section 312 - Tier II reporting reminders to regulated facilities; Affected facilities are expected to comply with the federal Tier II regulations and submit the report by March 1 of each year for the activities occurring in the preceding year

4. All reporting facilities are required to submit a Tier II report to the Virginia Emergency Response Council (VERC) and a copy to the Local Emergency Planning Committee (LEPC) (please check the LEPC list for the appropriate contact), and to the local fire department with jurisdiction for the facility